Terms and Conditions

1. General Provisions

1.1. These General Terms and Conditions (hereinafter: Terms) apply to dog waste cleaning and related services provided by Bark and Clean (hereinafter: Service Provider).

1.2. The scope of these Terms extends to all contracts concluded between the Service Provider and the Customer regarding the use of services.

1.3. By using the service, the Customer declares that they have read and accepted the provisions of these Terms and undertakes to comply with them.

1.4. The Service Provider reserves the right to unilaterally modify these Terms. Customers will be notified of modifications electronically, and the modifications will take effect on the 15th day after publication on the website.

1.5. If the Customer does not accept the modifications, they are entitled to terminate the contract with a 30-day notice period.

1.6. All parts of these Terms shall be interpreted in their mutual context. If any provision of these Terms becomes invalid or unenforceable, this shall not affect the validity of other provisions.

2. Definitions

2.1. Service Provider: Bark and Clean, which provides dog waste cleaning and related services.

2.2. Customer: Any natural or legal person who uses or intends to use the Service Provider's services.

2.3. Service: The entirety of dog waste cleaning, yard cleaning, and related activities provided by the Service Provider.

2.4. Service Area: The geographical area where the Service Provider provides its services, currently Budapest and Pest County.

2.5. Regular Service: Service provision repeated at predetermined intervals (weekly, biweekly, monthly).

2.6. One-time Service: Occasionally used, non-regular service.

2.7. Service Location: The property or part thereof designated by the Customer where the service is performed.

2.8. Working Hours: Monday to Friday 8:00-18:00, Saturday 8:00-16:00.

2.9. Emergency Service: Service requiring performance outside working hours or within 24 hours.

2.10. Equipment: The entirety of tools, materials, and protective equipment necessary for service provision.

3. Service Provider Information

3.1. Company Name: Bark and Clean

3.2. Registered Office: 1000 Budapest, Hungary

3.3. Contact Information:

• Website: https://barkandclean.hu
• Email: info@barkandclean.hu
• Phone: +36 1 234 5678

3.4. Operating Licenses: The Service Provider has all necessary official permits and insurance for service provision.

3.5. Professional Qualifications: The Service Provider's staff have received appropriate professional training and regularly participate in continuing education.

3.6. Insurance: The Service Provider has valid liability insurance covering potential damages during service provision.

3.7. Employee Data: The Service Provider's management and staff have clean criminal records and have undergone appropriate health suitability examinations.

4. Services

4.1. Dog Waste Cleaning:

• Regular (weekly, biweekly, monthly) dog waste cleaning from residential gardens and yards
• One-time deep cleaning
• Emergency cleaning within 24 hours
• Special treatment for multi-dog households

4.2. Additional Services:

• Thorough yard disinfection
• Deodorization with special products
• Provision and removal of waste bags
• Protective measures for vegetation
• Photo documentation of completed work

4.3. Commercial Services:

• Cleaning common areas of apartment buildings
• Park and public area maintenance
• Animal shelter and kennel cleaning
• Veterinary clinic hygiene services

4.4. Specialized Services:

• Restoration of problematic areas
• Treatment of long-term neglect
• Application of eco-friendly and organic methods
• Special procedures for allergic individuals

4.5. Detailed descriptions, prices, and terms of services are published on the website and form part of these Terms.

4.6. The Service Provider is entitled to introduce new services and modify existing services, of which it will inform Customers in advance.

5. Contract Formation

5.1. Ordering Methods:

• Through online ordering platform
• Phone orders
• Via email
• During personal consultation

5.2. Quote Request: The Customer may request a quote for the service, which includes:

• Exact address of the service location
• Size of the property area
• Number and size of dogs
• Type and frequency of desired service
• Special requirements or circumstances

5.3. Site Survey: For complex or high-value orders, the Service Provider is entitled to conduct a site survey, during which:

• The actual work area is assessed
• Special requirements are determined
• The optimal service plan is agreed upon
• Access conditions are recorded

5.4. Quote Validity: Quotes given by the Service Provider are valid for 30 days unless otherwise specified.

5.5. Contract Formation: The contract is formed when:

• The Customer accepts the Service Provider's offer
• The Service Provider confirms the order
• Any advance payment is made

5.6. Contract Content: The concluded contract includes:

• Data of the contracting parties
• Detailed description of the service
• Place and time of performance
• Service fee and payment terms
• Special conditions and agreements

5.7. Modifications: Contract modifications are only possible in writing, with mutual agreement of both parties.

6. Prices and Payment Terms

6.1. Price Determination:

• Prices are gross prices, including VAT
• Prices depend on the type and frequency of service
• Exact prices are listed on the website
• Individual pricing may apply for special or custom services

6.2. Price Changes:

• The Service Provider is entitled to modify prices
• Notification of price changes is sent at least 30 days in advance
• The Customer is entitled to reject price changes and terminate the contract

6.3. Payment Methods:

• Online credit card payment
• Bank transfer
• Cash payment on-site
• Regular direct debit payment

6.4. Payment Deadlines:

• One-time services: immediately after completion
• Regular services: by the 5th of each month
• Commercial orders: net 8 days

6.5. Late Payment Interest: In case of payment delay, late payment interest according to the Civil Code may be charged.

6.6. Advance Payment: For larger or special services, the Service Provider is entitled to request a 50% advance payment.

6.7. Invoice Issuance: The Service Provider issues an invoice for every completed service, which is forwarded electronically or by mail.

6.8. Cost Reimbursements:

• Parking fees when justified
• Procurement costs for special equipment
• Surcharge for emergency services

7. Performance

7.1. Performance Time:

• Regular services: on scheduled days
• One-time services: at agreed time
• Emergency services: within 24 hours

7.2. Performance Location: The service is performed at the location designated by the Customer, at the specified address.

7.3. Access Provision:

• The Customer ensures access to the service area
• Handover of keys or codes when necessary
• Creation of safe working conditions

7.4. Work Documentation:

• Documentation is prepared for every service on work sheets
• Photo documentation upon request
• Electronic report on work performance

7.5. Quality Requirements:

• Thorough and hygienic work performance
• Use of environmentally friendly materials
• Protection of objects found in the area
• Complete restoration of order

7.6. Weather Conditions:

• Service may be postponed in extreme weather
• Work may be interrupted for safety reasons
• Alternative time slot coordination is necessary

7.7. Service Acceptance: Acceptance of service completion may occur:

• In person in the Customer's presence
• Remotely, based on electronic feedback
• Tacitly, in the absence of complaints

8. Quality Guarantee

8.1. Quality Guarantee: The Service Provider guarantees that the service is performed professionally, in accordance with applicable standards.

8.2. Warranty Period:

• Regular services: until the next service
• One-time services: 7 days
• Special treatments: 14 days

8.3. Warranty Conditions:

• Maintaining the original condition of the area
• Exclusion of damages caused by third parties
• Acceptance of natural consequences of weather effects

8.4. Warranty Repair: In case of warranty defect, the Service Provider repairs the defect free of charge.

8.5. Satisfaction Guarantee: If the Customer is not satisfied with the service, there is an option for:

• Free re-performance
• Partial or full refund
• Compensatory solution

8.6. Continuous Improvement: The Service Provider is committed to continuous improvement of service quality.

9. Customer Obligations

9.1. Information Provision Obligation:

• Providing accurate and complete information when ordering
• Timely notification of changes
• Communication of special circumstances
• Keeping contact information up to date

9.2. Access Provision:

• Ensuring accessibility of the service area
• Creating safe working conditions
• Removing obstacles from the work area
• Providing adequate lighting when necessary

9.3. Payment Obligation:

• Timely payment
• Payment of exactly the agreed amount
• Timely notification of payment difficulties

9.4. Cooperation Obligation:

• Constructive cooperation during service
• Communication of observations in a respectful manner
• Provision of necessary information

9.5. Notification Obligation:

• Immediate notification in case of defects
• Reporting damages
• Communication of changes

9.6. Behavioral Rules:

• Respectful treatment of staff
• Avoiding interference with work
• Maintaining a safe work environment

10. Service Provider Obligations

10.1. Professional Service Provision:

• High-quality, professional work performance
• Use of appropriate tools and materials
• Provision of trained workforce
• Continuous professional development

10.2. Timely Performance:

• Adherence to scheduled appointments
• Prior notification in case of delays
• Offering alternative solutions

10.3. Safety and Hygiene:

• Compliance with health regulations
• Application of occupational safety rules
• Compliance with environmental regulations
• Following disinfection protocols

10.4. Communication Obligations:

• Clear and understandable communication
• Quick response to inquiries
• Regular feedback on work
• Proactive communication of problems

10.5. Documentation Obligations:

• Documentation of work performance
• Timely invoicing
• Record keeping of warranty matters

10.6. Development Obligations:

• Continuous improvement of service quality
• Application of new technologies
• Customer experience development

11. Cancellation and Termination

11.1. Customer's Right to Cancel:

• One-time services: 24 hours in advance free of charge
• Cancellation within 12 hours: 50% payment obligation
• Cancellation within 4 hours or no-show: full fee

11.2. Termination of Regular Services:

• Notice period: 30 days
• Must be reported in writing or electronically
• Termination takes effect at the end of the current billing period

11.3. Service Provider's Right to Terminate:

• Immediate effect in case of payment delay
• After 15-day notice in case of contract breach
• Immediate effect in case of force majeure

11.4. Extraordinary Termination:

• In case of serious contract breach
• In case of breakdown of trust relationship
• By mutual agreement at any time

11.5. Consequences of Termination:

• Settlement for performed services
• Maintenance of warranty obligations
• Deletion of personal data upon request

11.6. Formal Requirements: Termination must be made in writing or via verifiable electronic means.

12. Liability

12.1. Service Provider Liability:

• The Service Provider is liable for contractual performance of the service
• Liable for damages caused by its employees
• Obligated to compensate for damages caused during work performance

12.2. Limitation of Liability:

• Liability cannot exceed three times the service value
• Liability for indirect damages is excluded
• Liability is excluded in case of force majeure

12.3. Insurance Coverage:

• The Service Provider has liability insurance
• The insurance amount covers typical damages
• Separate agreement needed for higher value damages

12.4. Customer Liability:

• Responsible for fulfilling information obligations
• Obligated to compensate for damages due to false information
• Liable for additional costs due to work interference

12.5. Damage Reporting Obligation:

• Immediate reporting of damages is necessary
• Damage mitigation obligation for both parties
• Documentation obligation in case of damage events

12.6. Damage Compensation Procedure: Settlement of damage claims occurs with insurance involvement and objective expert participation.

13. Force Majeure

13.1. Definition of Force Majeure: External circumstances independent of the contracting parties' will, unforeseeable and unavoidable.

13.2. Force Majeure Cases:

• Natural disasters (flood, earthquake, storm)
• War situations, terrorist acts
• Epidemic restrictions
• Official measures
• Infrastructure collapse

13.3. Effects of Force Majeure:

• Performance of contractual obligations is suspended
• No liability for damages
• Deadlines are extended

13.4. Notification Obligation: In case of force majeure, the other party must be notified within 48 hours.

13.5. End of Force Majeure: Performance continues immediately after the situation is resolved.

13.6. Prolonged Force Majeure: In case of force majeure exceeding 30 days, either party is entitled to terminate the contract.

14. Data Protection

14.1. Data Processing Basis: Personal data processing is based on GDPR and Hungarian data protection legislation.

14.2. Scope of Processed Data:

• Name, address, contact information
• Service location data
• Payment information
• Service-related history

14.3. Purpose of Data Processing:

• Contract performance
• Customer service provision
• Billing and financial settlement
• Legitimate interest enforcement

14.4. Data Retention Period:

• Active customers: during the legal relationship
• Closed cases: 5 years from the last transaction
• Accounting data: 8 years

14.5. Data Protection:

• Appropriate technical and organizational measures
• Limited access
• Regular security backups

14.6. Data Subject Rights:

• Right to information
• Right of access
• Right to rectification
• Right to erasure
• Right to data portability

14.7. Data Protection Incident: In case of data protection incident, report to authorities within 72 hours.

15. Intellectual Property

15.1. Copyrights: Website content, design, and all other intellectual products are the property of the Service Provider.

15.2. Trademarks: The "Bark and Clean" brand name and logo are protected trademarks.

15.3. Usage Restrictions:

• Content cannot be used for commercial purposes
• Copying only with prior permission
• Modifications are prohibited without permission

15.4. Photos and Documentation: Photos taken during service are the property of the Service Provider.

15.5. Trade Secrets: The Service Provider's business information and methods are considered trade secrets.

15.6. In Case of Infringement:

• Demand for immediate cessation
• Claim for damages
• Taking legal action

16. Complaints

16.1. Complaint Submission:

• In writing or electronically
• With detailed description of the defect
• With photo documentation if possible
• Within 8 days of performance

16.2. Complaint Investigation:

• Investigation within 5 working days
• On-site inspection if necessary
• Written response

16.3. Complaint Resolution:

• Re-performance in case of defective performance
• Possibility of fee reduction
• Compensation in serious cases

16.4. Rejection Cases:

• Complaint without legal basis
• Late notification
• Defect due to external cause

16.5. Complaint Registry: All complaints are recorded for future reference.

16.6. Consumer Protection: In case of consumer relationships, consumer protection rules also apply.

17. Dispute Resolution

17.1. Peaceful Dispute Resolution: The parties primarily attempt to resolve disputes peacefully.

17.2. Mediation: In case of unsuccessful negotiations, mediation proceedings may be initiated.

17.3. Court Proceedings:

• Competent court: court according to the Service Provider's registered office
• Consumer matters: also the court according to the consumer's residence
• Applicable law: Hungarian law

17.4. Alternative Dispute Resolution:

• Conciliation board proceedings
• Obtaining expert opinion
• Arbitration proceedings for larger cases

17.5. Cost Bearing: The losing party bears the procedural costs.

17.6. Enforcement: Enforcement of final decisions according to applicable legislation.

18. Applicable Law

18.1. Jurisdiction: Hungarian law is applicable to the contract.

18.2. Applicable Legislation:

• Act V of 2013 on the Civil Code
• Act CLV of 1997 on consumer protection
• EU Regulation 2016/679 (GDPR)
• Relevant sectoral legislation

18.3. Legislative Changes:

• These Terms automatically change in case of legislative changes
• Conflicting provisions lose their effect
• New regulations apply from the date of entry into force

18.4. International Elements: Hungarian law applies to transactions with foreign elements.

18.5. EU Law: Direct effect and supremacy of European Union legislation applies.

19. Final Provisions

19.1. Entry into Force: These Terms enter into force on December 30, 2024.

19.2. Loss of Effect of Previous Terms: Previous general terms and conditions simultaneously lose their effect.

19.3. Modifications:

• Modification of Terms occurs in writing
• Prior notification of modifications
• Publication on the website is mandatory

19.4. Partial Invalidity: Invalidity of one or more provisions of these Terms does not affect the validity of other provisions.

19.5. Interpretation: Disputed interpretation cases are decided based on the entirety of these Terms and the purpose of the contract.

19.6. Contact:

• Email: info@barkandclean.hu
• Phone: +36 1 234 5678
• Postal address: 1000 Budapest, Hungary

19.7. Information:

• These Terms are always available on the website
• Also available in printed form upon request
• Electronic notification is primary

19.8. Final Statement: The Service Provider declares that all provisions of these Terms are in accordance with applicable legislation and business practices.